Bashir v Bashir [2019] EWHC 1810 (Ch) (18 July 2019)

Bashir v Bashir [2019] EWHC 1810 (Ch) (18 July 2019)

Even if the claimant had regained capacity, he could not enter into a binding settlement agreement while under the jurisdiction of the Court of Protection; no valid agreement was entered into; the charging order and judgment debt remain enforceable; the will does not affect the defendant's sole beneficial ownership.

Citation
[2019] EWHC 1810 (Ch)
Parties
Claimant: Jhangir Mohammed Bashir; Litigation Friend for Claimant: Samantha Louise Hamilton; Defendant: Rabia Bashir; Litigation Friend for Defendant: Satpal Singh Bhatt
Jurisdiction
England and Wales
Judgment Date
18 July 2019
Procedural Posture
Part 8 Claim (order for Sale of Property) / Judgment After Trial
Outcome
Order for sale granted
Legal Topics
Order for Sale, Charging Order, Mental Capacity Act 2005, Court of Protection, Settlement Agreement Validity, Deputy Powers, Beneficial Ownership, Probate
Property Law Trusts and Probate Mental Capacity Order for Sale Charging Order Mental Capacity Act 2005 Court of Protection Settlement Agreement Validity +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Jhangir Mohammed Bashir

Claimant

Samantha Louise Hamilton

Litigation Friend for Claimant

Rabia Bashir

Defendant

Satpal Singh Bhatt

Litigation Friend for Defendant

Procedural Posture

Part 8 Claim (order for Sale of Property) / Judgment After Trial

Legal Issues

  1. 1 Whether the claimant entered into a binding settlement agreement with the defendant
  2. 2 Whether the claimant had capacity to enter into such an agreement
  3. 3 Whether a person under the jurisdiction of the Court of Protection can enter into a binding agreement

Ratio Decidendi

Even if the claimant had regained capacity, he could not enter into a binding settlement agreement while under the jurisdiction of the Court of Protection; no valid agreement was entered into; the charging order and judgment debt remain enforceable; the will does not affect the defendant's sole beneficial ownership.

Court Disposition

Order for sale granted

Orders

  • Order for sale of 7 St Heliers Road, Leyton, London E10 6BD
  • Parties to be heard as to terms of the order if not agreed